H1B Recapture with NON CAP

I have entered US using L1B visa in May 2010 and stayed on L1B until September 2013
My company filed H1B under CAP and its effective from October 2013. Now my max out date is July 2016 completing 6yrs on L+H visa using all recaptured time.
My question is if I stay for an year outside USA after completing 6yrs in US, can I use the same H1B petition that I got approved in 2013 to come back to US in Non CAP category, say in September 2017 since I did not use complete 6yrs of H1 ? is that possible?

thank you

No, you have to go through the cap again. If you use old H-1 petition, then the clock is not reset.

Thanks for your input, do you mean if i have to take full advantage if 6 years again i have to wait for an year and go through the H1B CAP again ?

If i do not want to take that 6 year full advantage, just wanted to use the remaining time in old H1B(about 3 years) can i choose old H1B extension after 1 year


There is no separate H-1 time. The 6 year time is for H-1 and L-1 and if you consumed anytime on L-1, then you can only consume remaining time on H-1.

I have presented this case to my company attorneys and they said, after 12 months of cool off period by staying out of US will enable to recapture the unutilized time on H1B and I do not have to go through the New H1 under cap

They are wrong. If you use old H-1B, then you will not be able get 6 years of H-1.

I suggest asking a better attorney.